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First they ask for my mother`s birth certificate, because our mothers have the same last names (this is very common in Viet Nam). This is the reason they think we are related and because my mother`s birth records was burned during the Viet Nam War so it take us a while for us to obtain a new copy form the local government in VN( my mother went to VN to get it for me).
* How do we prove to them that we are not related and we have a bona fide fiance’(e)/spousal relationship ?
I and my family do not have any friends or relatives from South VietNam. My family from the North VietNam and his family from South VietNam. He does not have any friends or relatives from the North Viet Nam either. He has an Uncle from Cali and an Aunt from Texas.
And before we can obtain it they give us this letter:
**** **** **** **** **** **** **** **** ***
They ask for my mother birth certificate in the First Green Letter
Second Green Letter:
IMMIGRANT VISA UNIT
U.S. CONSULATE GENERAL
HO CHI MINH CITY, VIETNAM
Case# HCM2005 539 046
Dear 7 K(uh Ji:Tran, Nhat Quoc
*The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended.
* Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionabie relationship. The following remarks apply in your case.
* Based on the information ascertained through the visa interview and through documentary materials, consular officers do not believe that there is a bona fide fiance’(e)/spousal relationship between Petitioner and Beneficiary. If you have any other evidence to present which would convince a reasonable person that the relationship exists for a reason other than immigration, please submit it. Please label and itemize all materials submitted.
They give us this letter after we give them my mother`s birth certificate:
IMMIGRANT VISA UNIT
U.S. CONSULATE GENERAL
HO CHI MINH CITY, VIETNAM
/ k/ Ji: TRAN, NHAT QUOC
CASE #: HCM2005539046
*The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended:
* Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case
*Consular officers apply a ‘reasonable person standard’ when evaluating the bona fides of claimed spousal and fiancé` relationships (9 FAM 42.43 N2.2(3)). In the present case, Petitioner and Beneficiary claim they met by chance in June 2003. Petitioner made two additional trips, in April 2004 and August 2005. Credible evidence of communication includes several sporadic monthly phone records from 2003-present. Despite Petitioner’s three trips to Vietnam, photographs do not indicate she spent more than three days in Beneficiary’s company. These facts as ascertained by consular officers would convince a reasonable person that the claimed relationship is a sham entered into solely for immigration purposes and to evade immigration laws. Therefore, pursuant to 9 FAM 41.81 N6.5, the reviewing officer has decided that the petition should be returned to the U.S. Citizenship and Immigration Services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the Immigrant Visa Chief and will be returned to USCIS for review and possible revocation upon his concurrence with the reviewing officer’s decision. When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, beneficiary will become ineligible for a visa under section 212(a)(6)©(i) of the Act.
Please turn in the requested items with this form at window B between 1pm and 3pm Monday-Friday.
WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED
What should we do now? Please help!
* How do we prove to them that we are not related and we have a bona fide fiance’(e)/spousal relationship ?
I and my family do not have any friends or relatives from South VietNam. My family from the North VietNam and his family from South VietNam. He does not have any friends or relatives from the North Viet Nam either. He has an Uncle from Cali and an Aunt from Texas.
And before we can obtain it they give us this letter:
**** **** **** **** **** **** **** **** ***
They ask for my mother birth certificate in the First Green Letter
Second Green Letter:
IMMIGRANT VISA UNIT
U.S. CONSULATE GENERAL
HO CHI MINH CITY, VIETNAM
Case# HCM2005 539 046
Dear 7 K(uh Ji:Tran, Nhat Quoc
*The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended.
* Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionabie relationship. The following remarks apply in your case.
* Based on the information ascertained through the visa interview and through documentary materials, consular officers do not believe that there is a bona fide fiance’(e)/spousal relationship between Petitioner and Beneficiary. If you have any other evidence to present which would convince a reasonable person that the relationship exists for a reason other than immigration, please submit it. Please label and itemize all materials submitted.
They give us this letter after we give them my mother`s birth certificate:
IMMIGRANT VISA UNIT
U.S. CONSULATE GENERAL
HO CHI MINH CITY, VIETNAM
/ k/ Ji: TRAN, NHAT QUOC
CASE #: HCM2005539046
*The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended:
* Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case
*Consular officers apply a ‘reasonable person standard’ when evaluating the bona fides of claimed spousal and fiancé` relationships (9 FAM 42.43 N2.2(3)). In the present case, Petitioner and Beneficiary claim they met by chance in June 2003. Petitioner made two additional trips, in April 2004 and August 2005. Credible evidence of communication includes several sporadic monthly phone records from 2003-present. Despite Petitioner’s three trips to Vietnam, photographs do not indicate she spent more than three days in Beneficiary’s company. These facts as ascertained by consular officers would convince a reasonable person that the claimed relationship is a sham entered into solely for immigration purposes and to evade immigration laws. Therefore, pursuant to 9 FAM 41.81 N6.5, the reviewing officer has decided that the petition should be returned to the U.S. Citizenship and Immigration Services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the Immigrant Visa Chief and will be returned to USCIS for review and possible revocation upon his concurrence with the reviewing officer’s decision. When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, beneficiary will become ineligible for a visa under section 212(a)(6)©(i) of the Act.
Please turn in the requested items with this form at window B between 1pm and 3pm Monday-Friday.
WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED
What should we do now? Please help!
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